Historical Lit Watch
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Mobile Gym Considered Premises Instead of Uninsured Vehicle
November 11, 2019 | Historical Lit Watch
A mobile gym, operating out of the back of a truck, was not an insured auto for the purposes of the auto insurance policy of a woman who was injured while training in the mobile gym.
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Insurance Fraud Reports Made In Good Faith are Immunized by Oklahoma Law
November 04, 2019 | Historical Lit Watch
The Supreme Court of Oklahoma has ruled that Oklahoma law provides immunity for reporting or providing information regarding suspected insurance fraud as long as the reporter themselves does not act fraudulently, in bad faith, in reckless disregard for the truth or with actual malice in providing the information about the fraud.
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Town Might Have to Cover Medicinal Marijuana in Workers' Compensation Case
October 28, 2019 | Historical Lit Watch
It's now up to the lower court to determine whether or not the town of Tonawanda New York will have to pay workers' compensation insurance benefits for a police officer who was prescribed medicinal marijuana for his chronic back pain he has suffered ever since he slipped on icy pavement at the scene of a car accident.
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Washington Supreme Court Finally Rules on Keodalah
October 21, 2019 | Historical Lit Watch
In a long-awaited Washington Supreme Court insurance bad faith decision, the court decided that the employee adjuster was not guilty of bad faith.
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Court says Employer No Longer Has to Pay for Opioid Pain Treatment
October 14, 2019 | Historical Lit Watch
Employer providing workers' compensation insurance no longer has to pay for opioid treatments after treating physician states that the patient has reached maximum medical improvement under that treatment.
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Raccoons Cannot Act with Malice, Says One U.S. District Court
October 07, 2019 | Historical Lit Watch
An insurance company does not have to provide coverage under a dwelling claim for "vandalism and malicious mischief" when raccoons caused the damage.
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Statute Prohibited Reimbursement of Defense Costs, Court Found Insurer Entitled to that Reimbursement
September 30, 2019 | Historical Lit Watch
Insurer avoided allegations of bad faith and still complied with the California Insurance Code, leaving the insured appropriately without coverage.
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Lawsuit for Negligence Not Protected Activity
September 23, 2019 | Historical Lit Watch
A U.S. District Court, Southern District of New York Judge held that a worker who was fired after he received a $1.5 million jury award in a negligence lawsuit against his employer cannot pursue a wrongful termination suit against his former employer.
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Extreme Obesity Alone is Not Enough for ADA Coverage
September 16, 2019 | Historical Lit Watch
A federal appeals court has refused to revive an employee's suit accusing a past employer of illegally firing him because he was morbidly obese. The court stated that the plaintiff could not show that he was fired due to his weight, and in doing so failed to address the broader issue of whether obesity qualifies as a protected disability under the Americans with Disabilities Act.
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Replacement Cost Coverage Requires Aesthetic Matching in Hailstorm Claim, Says Seventh Circuit.
September 09, 2019 | Historical Lit Watch
The seventh circuit court of appeals weighs in on the matching debate.
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